{"id":"F2018L01138","name":"Foreign Evidence (Foreign Material—Criminal and Related Civil Proceedings) Regulations 2018","slug":"foreign-evidence-foreign-material-criminal-and-related-civil-proceedings-regulations-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":97825,"registerId":"commonwealth-F2018L01138-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Foreign Evidence (Foreign Material—Criminal and Related Civil Proceedings) Regulations 2018.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under the Foreign Evidence Act 1994.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n In this instrument:\n\n> Act means the Foreign Evidence Act 1994.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Use of foreign material in proceedings in a court of a State or Territory","content":"## Part 2—Use of foreign material in proceedings in a court of a State or Territory","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Application of Part 3 of the Act to proceedings in a court of a State or Territory","content":"#### 6 Application of Part 3 of the Act to proceedings in a court of a State or Territory\n\n (1) For the purposes of subsection 20(2) of the Act, the following States and Territories are specified:\n (a) New South Wales;\n (b) Victoria;\n (c) Queensland;\n (d) Western Australia;\n (e) South Australia;\n (f) Tasmania;\n (g) the Australian Capital Territory;\n (h) the Northern Territory;\n (i) Norfolk Island.\n (2) For the purposes of paragraph 20(2)(b) of the Act, Schedule 1 specifies kinds of related civil proceedings in respect of States and Territories.\n\n> Note: For the definition of related civil proceeding, see subsection 3(1) of the Act.\n\n (3) For the purposes of paragraph 20(2)(d) of the Act, a law specified in column 2 of an item of the following table of the Territory referred to in column 1 of the item is prescribed as a law that corresponds to a proceeds of crime law.\n\n```html\n

Territory laws that correspond to a proceeds of crime law

Item

Column 1

Territory

Column 2

Law

1

Australian Antarctic Territory

Confiscation of Criminal Assets Act 2003 (ACT) (as in force in the Australian Antarctic Territory)

2

Coral Sea Islands Territory

Confiscation of Criminal Assets Act 2003 (ACT) (as in force in the Coral Sea Islands Territory)

3

Jervis Bay Territory

Confiscation of Criminal Assets Act 2003 (ACT) (as in force in the Jervis Bay Territory)

4

Territory of Ashmore and Cartier Islands

Criminal Property Forfeiture Act 2002 (NT) (as in force in the Territory of Ashmore and Cartier Islands)

5

Territory of Christmas Island

Criminal Property Confiscation Act 2000 (WA) (as in force in the Territory of Christmas Island)

6

Territory of Cocos (Keeling) Islands

Criminal Property Confiscation Act 2000 (WA) (as in force in the Territory of Cocos (Keeling) Islands)

7

Territory of Heard Island and McDonald Islands

Confiscation of Criminal Assets Act 2003 (ACT) (as in force in the Territory of Heard Island and McDonald Islands)

\n```","sortOrder":5},{"sectionNumber":"Part 3","sectionType":"part","heading":"Application, saving and transitional provisions","content":"## Part 3—Application, saving and transitional provisions","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Application of amendments made by the Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Regulations 2018","content":"#### 7 Application of amendments made by the Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Regulations 2018\n\n The amendments of this instrument made by the Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Regulations 2018 apply in relation to a proceeding that commences before, on or after the commencement of this section.","sortOrder":7}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulation appears consistent with its original purpose under the Foreign Evidence Act 1994. It performs the expected function of a legislative instrument made under that Act – specifying jurisdictions and proceedings to which the foreign evidence framework applies. The inclusion of external territories and detailed state law references is standard administrative implementation rather than scope creep."},"complexity_factors":["Extensive cross-referencing to the Foreign Evidence Act 1994 and multiple state/territory statutes (over 30 different laws referenced across the schedules)","Dense tabular format with 16 items mapping jurisdictions to specific legislative references","Historical legislative references including repealed acts and former names of legislation (e.g., 'formerly the Drug Trafficking (Civil Proceedings) Act 1990')","Territorial application complexity – must account for laws 'as in force' in external territories like Christmas Island and Cocos (Keeling) Islands","Nested definitions requiring readers to trace through subsection 20(2)(b), paragraph 20(2)(d), and Schedule 1 to understand full operation","Single defined term ('Act') but heavy reliance on undefined terms from parent legislation ('related civil proceeding', 'proceeds of crime law')"],"plain_english_summary":"This regulation applies the federal Foreign Evidence Act rules across all Australian states, territories and external territories, clarifying when overseas evidence can be used in domestic civil proceedings. It targets civil actions like proceeds-of-crime asset recovery, victim compensation, tax recovery and certain drug-related civil proceedings.\n\nIt matters to lawyers, courts and parties in those cases because it creates a uniform, nationwide approach to admitting foreign evidence, easing cross‑border enforcement and victim redress."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This regulation is a precision/implementing instrument that delineates the geographical and subject‑matter scope of Part 3 of the Foreign Evidence Act 1994. It does not expand the Act beyond its original statutory purpose; it specifies which jurisdictions and which categories of civil proceedings are to be regarded as \"related\" for the Act's operation and prescribes corresponding territorial proceeds‑of‑crime laws where necessary (reg 6; Schedule 1). The transitional clause (reg 7) clarifies application timing for certain amendments but does not materially change the overall scope of the Act."},"complexity_factors":["Short instrument with few operative provisions (mainly reg 6, reg 7 and Schedule 1)","Only one defined term introduced in the instrument itself (reg 5: 'Act')","Extensive cross‑references to the Foreign Evidence Act 1994 (notably subsection 20(2) and subsection 3(1))","Long jurisdictional tables in reg 6(3) and Schedule 1 listing many States, Territories and specific local statutes (approx. 16 territorial items plus 11 schedule items)","Dependency on many external statutes (state/territory confiscation, victims, tax and drug laws), creating maintenance/update risk if those laws change"],"plain_english_summary":"**What this instrument does (mechanically)\n\n- It is a regulation made under the Foreign Evidence Act 1994 (reg 3) that tells courts and users exactly where and when Part 3 of the Foreign Evidence Act applies. (Part 3 of the Act deals with the use in Australian courts of evidence or other material that comes from a foreign country.)\n\n- It lists the Australian States, Territories and some external territories where Part 3 is to be applied (reg 6(1)).\n\n- It specifies which kinds of \"related civil proceedings\" in each State and Territory are covered for the purposes of the Act (Schedule 1, as referenced in reg 6(2)). In plain terms, that table says which civil proceedings linked to criminal matters — for example, confiscation/forfeiture proceedings, victims' compensation, recovery of tax, and some specific drug or betting laws — are treated as \"related civil proceedings\" in each jurisdiction.\n\n- For a number of Territories, the regulation also prescribes which local law counts as a \"proceeds of crime\" (for the purposes of the Act) by listing the relevant territorial statute (reg 6(3) and the table in reg 6(3)).\n\n- It contains a transitional/applicability provision saying certain amendments made by a separate instrument (the 2018 Crimes Legislation Amendment Regulations) apply to proceedings that start before, on or after the commencement of that provision (reg 7).\n\nWhy this matters (stated purpose and practical effect)\n\n- The regulation clarifies where Part 3 of the Foreign Evidence Act can be used, and which civil proceedings in each State/Territory count as linked to criminal proceedings for the Act's purposes. That makes it administratively clear for courts, prosecutors, defence lawyers and civil claimants whether evidence from abroad can be brought in under the Act rather than by other mutual‑assistance routes (see reg 6(1)–(3); Schedule 1).\n\n- It also defines, for certain external Territories, which domestic forfeiture/confiscation law is the matching \"proceeds of crime\" law so the Act can operate properly in those places (reg 6(3)).\n\nPractical mechanics for users (who pays, who decides, what changes)\n\n- Who decides: courts decide admissibility and use of foreign material under the Act; the regulation simply sets the list of jurisdictions and types of civil proceedings to which Part 3 applies (reg 6; Schedule 1).\n\n- Who pays / who bears burden: parties seeking to rely on foreign material will typically bear costs to obtain, translate and certify documents or arrange transmission from overseas. Courts and prosecuting or enforcing agencies may bear administrative costs associated with handling foreign material and any extra factual or legal inquiries about the foreign law or the provenance of material.\n\n- Behaviour changes: legal practitioners and agencies can rely on a defined list of proceedings and jurisdictions when choosing a mechanism to bring foreign evidence into Australian proceedings (i.e. use the Foreign Evidence Act process rather than an alternative mutual legal assistance process where appropriate). That may change choices about timing, routes for evidence collection and resource allocation in cross‑border cases.\n\nAssessment of the stated rationale against implementation realities (costs, incentives and risks)\n\n- The regulation reduces legal uncertainty by listing jurisdictions and proceedings (reg 6; Schedule 1). That lowers transaction costs for lawyers and courts who need to decide quickly whether the Act applies.\n\n- There are compliance costs and potential implementation frictions: authentication, translation, proof of foreign procedure and updating the schedule when State/Territory laws change. The instrument itself does not create procedures for those practical steps — it only sets scope — so operational costs remain with parties and courts.\n\n- Effects on private enterprise: businesses with records or operations across borders may find it easier for those records to be admitted in Australian criminal or specified civil proceedings if those records can be channelled via the Act; that raises compliance and disclosure risk for affected corporations and may increase the likelihood that overseas-held records are used in enforcement or recovery actions (see Schedule 1 listings for tax and confiscation actions).\n\n- Concentrated benefits/diffuse costs: benefits (clearer legal pathway to use foreign material) are concentrated among litigants, prosecutors and victims’ agencies that want to use foreign material. Costs (translation, certification, court time) are borne by the parties and court system and are more diffuse.\n\n- Implementation risk: the lists in Schedule 1 and the territory table rely on cross‑references to many State, Territory and territorial statutes. If those laws are amended or renamed, the regulation may become out of date and require further amendment to preserve clarity (reg 6(2)–(3)).\n\nKey sections to note\n\n- Reg 3: authority for the instrument (made under the Foreign Evidence Act 1994).\n- Reg 5: defines \"Act\" as the Foreign Evidence Act 1994.\n- Reg 6(1)–(3): specifies the States/Territories covered, points to Schedule 1 for related civil proceedings, and prescribes territorial proceeds‑of‑crime laws.\n- Schedule 1: lists, for each State/Territory, the kinds of civil proceedings treated as \"related civil proceedings\" for the Act (e.g. confiscation/forfeiture, victims' compensation, tax recovery, particular drug or betting laws).\n- Reg 7: transitional provision about application of certain amendments to proceedings commenced before, on or after commencement.\n\nBottom line\n\nThis is a technical, scope‑setting regulation that tells courts and practitioners exactly which jurisdictions and kinds of civil proceedings are within the reach of Part 3 of the Foreign Evidence Act 1994, and which territorial laws count as \"proceeds of crime\" laws for the Act. It clarifies legal reach but does not itself change the evidentiary procedures in the Act; it does, however, create practical responsibilities (translation, authentication, tracking of law changes) for users and courts (see reg 6 and Schedule 1)."}},"importantCases":[],"_links":{"self":"/api/acts/foreign-evidence-foreign-material-criminal-and-related-civil-proceedings-regulations-2018","history":"/api/acts/foreign-evidence-foreign-material-criminal-and-related-civil-proceedings-regulations-2018/history","analysis":"/api/acts/foreign-evidence-foreign-material-criminal-and-related-civil-proceedings-regulations-2018/analysis","conflicts":"/api/acts/foreign-evidence-foreign-material-criminal-and-related-civil-proceedings-regulations-2018/conflicts","importantCases":"/api/acts/foreign-evidence-foreign-material-criminal-and-related-civil-proceedings-regulations-2018/important-cases","documents":"/api/acts/foreign-evidence-foreign-material-criminal-and-related-civil-proceedings-regulations-2018/documents"}}